Argentina Lowers Criminal Age to 14 as New Law Takes Effect

Argentina's government has enacted a new Youth Criminal Regime, reducing the age of criminal responsibility from 16 to 14 years old. The decree, published in the Official Gazette, outlines how the system will operate and establish mechanisms for supervising minors and coordination between government agencies. This new regime, effective since September 5, replaces the previous framework established in 1980.

Under the new system, adolescents aged 14 to 17 can now be prosecuted and sentenced for crimes, although they remain subject to a separate criminal justice system. The reform, proposed in June 2024 and sanctioned by Congress in February 2026, aims to provide alternative sanctions and rehabilitation for younger offenders, emphasizing education and social reintegration.

For offenses carrying sentences of up to three years, alternative measures like reprimands, educational programs, community work, contact restrictions, and electronic monitoring are required instead of imprisonment. For offenses with sentences between three and 10 years, courts can replace prison with alternative measures under specific conditions. However, for the most serious crimes, adolescents can still receive prison sentences, not exceeding 15 years or life imprisonment.

The separate juvenile system provides three possible arrangements for detention: house arrest, open institutions, or specialized detention facilities. Adolescents are not to be held together with adults. The reform has allocated 23.7 billion pesos (approximately US$15.7 million) for implementation, creating the position of specialized supervisors to monitor and assist adolescents during judicial proceedings.

Supervisors must have academic training in fields such as education, child and adolescent pedagogy, psychology, addiction studies, or social work.

An Interministerial Committee involving the ministries of Justice, National Security, Human Capital, and Health has been established to oversee the implementation. A Federal Forum will bring together national authorities, provinces, and the Autonomous City of Buenos Aires to coordinate technical and procedural criteria and promote cooperation. However, concerns have been raised about the capacity of the judicial system to handle the increased caseloads and the availability of necessary resources and infrastructure.